[House Report 118-603]
[From the U.S. Government Publishing Office]


118th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                             { 118-603

======================================================================



 
                ACCESSING SATELLITE DATA TO ENABLE NEW  
                            DISCOVERIES ACT

                               _______
                                

 July 23, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                               _______
                                

   Mr. Lucas, from the Committee on Science, Space, and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 6219]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 6219) to require the Administrator 
of the National Aeronautics and Space Administration to 
establish a program to identify, evaluate, acquire, and 
disseminate commercial Earth remote sensing data and imagery in 
order to satisfy the scientific, operational, and educational 
requirements of the Administration, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Legislative History..............................................     4
Section-by-Section...............................................     4
Related Committee Hearings.......................................     4
Committee Consideration..........................................     5
Roll Call Votes..................................................     5
Application of Law to the Legislative Branch.....................     7
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     7
Statement of General Performance Goals and Objectives............     7
Duplication of Federal Programs..................................     7
Federal Advisory Committee Act...................................     7
Unfunded Mandate Statement.......................................     7
Earmark Identification...........................................     7
Committee Cost Estimate..........................................     7
New Budget Authority, Entitlement Authority, and Tax Expenditures     8
Congressional Budget Office Cost Estimate........................     8
Changes to Existing Law Made by the Bill, as Reported............     8

    The amendment is as follows: 
    
    
    









    
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Accessing Satellite Data to Enable New 
Discoveries Act'' or the ``ASCEND Act''.

SEC. 2. COMMERCIAL SATELLITE DATA.

  (a) Findings.--Congress makes the following findings:
          (1) Section 60501 of title 51, United States Code, states 
        that the goal for the Earth Science program of the National 
        Aeronautics and Space Administration (referred to in this 
        section as ``NASA'') shall be to pursue a program of Earth 
        observations, research, and applications activities to better 
        understand the Earth, how it supports life, and how human 
        activities affect its ability to do so in the future.
          (2) Section 50115 of title 51, United States Code, states 
        that the Administrator of NASA shall, to the extent possible 
        and while satisfying the scientific or educational requirements 
        of NASA, and where appropriate, of other Federal agencies and 
        scientific researchers, acquire, where cost effective, space-
        based and airborne commercial Earth remote sensing data, 
        services, distribution, and applications from a commercial 
        provider.
          (3) The Administrator of NASA established the Commercial 
        SmallSat Data Acquisition Pilot Program in 2019 to identify, 
        validate, and acquire from commercial sources data that support 
        the Earth science research and application goals.
          (4) The Administrator of NASA has--
                  (A) determined that the pilot program described in 
                paragraph (3) has been a success, as described in the 
                final evaluation entitled ``Commercial SmallSat Data 
                Acquisition Program Pilot Evaluation Report'' issued in 
                2020;
                  (B) established a formal process for evaluating and 
                onboarding new commercial vendors in such pilot 
                program;
                  (C) increased the number of commercial vendors and 
                commercial data products available through such pilot 
                program; and
                  (D) expanded procurement arrangements with commercial 
                vendors to broaden user access to provide commercial 
                Earth remote sensing data and imagery to federally 
                funded researchers.
  (b) Commercial Satellite Data Acquisition Program.--
          (1) In general.--Chapter 603 of title 51, United States Code, 
        is amended by adding at the end the following:

``Sec. 60307. Commercial Satellite Data Acquisition Program

  ``(a) In General.--The Administrator shall establish within the Earth 
Science Division of the Science Mission Directorate a program to 
acquire and disseminate cost-effective and appropriate commercial Earth 
remote sensing data and imagery in order to satisfy the scientific, 
operational, and educational requirements of the Administration, and 
where appropriate, of other Federal agencies and scientific researchers 
to augment or complement the suite of Earth observations acquired by 
the Administration, other United States Government agencies, and 
international partners.
  ``(b) Data Publication and Transparency.--The terms and conditions of 
commercial Earth remote sensing data and imagery acquisitions under the 
program described in subsection (a) shall not prevent--
          ``(1) the publication of commercial data or imagery for 
        scientific purposes; or
          ``(2) the publication of information that is derived from, 
        incorporates, or enhances the original commercial data or 
        imagery of a vendor.
  ``(c) Authorization.--In carrying out the program under this section, 
the Administrator may--
          ``(1) procure commercial Earth remote sensing data and 
        imagery from commercial vendors to advance scientific research 
        and applications in accordance with subsection (a); and
          ``(2) establish or modify end-use license terms and 
        conditions to allow for the widest-possible use of procured 
        commercial Earth remote sensing data and imagery by individuals 
        other than NASA-funded users, consistent with the goals of the 
        program.
  ``(d) United States Vendors.--Commercial Earth remote sensing data 
and imagery referred to in subsections (a) and (c) shall, to the 
maximum extent practicable, be procured from United States vendors.
  ``(e) Report.--Not later than 180 days after the date of the 
enactment of this section and annually thereafter, the Administrator 
shall submit to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Science, Space, and Technology of 
the House of Representatives a report that includes the following 
information regarding the agreements, vendors, license terms, and uses 
of commercial Earth remote sensing data and imagery under this section:
          ``(1)(A) In the case of the initial report, a list of all 
        agreements that are providing commercial Earth remote sensing 
        data and imagery to NASA as of the date of the report.
          ``(B) For each subsequent report, a list of all agreements 
        that have provided commercial Earth remote sensing data and 
        imagery to NASA during the reporting period.
          ``(2) A description of the end-use license terms and 
        conditions for each such vendor.
          ``(3) A description of the manner in which each such 
        agreement is advancing scientific research and applications, 
        including priorities recommended by the National Academies of 
        Sciences, Engineering, and Medicine decadal surveys.
          ``(4) Information specifying whether the Administrator has 
        entered into an agreement with a commercial vendor or a Federal 
        agency that permits the use of data and imagery by Federal 
        Government employees, contractors, or non-Federal users.''.
          (2) Clerical amendment.--The table of contents for chapter 
        603 of title 51, United States Code, is amended by adding at 
        the end the following new item:

``60307. Commercial Satellite Data Acquisition Program.''.

                          Purpose and Summary

    H.R. 6219 encourages NASA's procurement of commercial Earth 
remote sensing data and imagery. This bill directs the NASA 
Administrator to establish a commercial satellite data 
acquisition program within the Science Mission Directorate to 
identify, evaluate, acquire, and disseminate commercial data to 
help fulfill the Administration's needs.

                  Background and Need for Legislation

    Remote sensing involves the use of satellites to observe 
the Earth across the electromagnetic spectrum. These 
observations produce data which expands our understanding of 
the Earth and its five systems: the geosphere, biosphere, 
cryosphere, hydrosphere, and atmosphere, along with their 
interactions. Applications of remote sensing include precision 
agriculture, natural disaster monitoring, and environmental 
management. Moreover, databases of past observations allow 
researchers to study Earth's changes over time.
    Utilization of Earth remote sensing data is prevalent 
throughout the federal government. This use is facilitated by 
the acquisition of observational data from either governmental 
or commercial sources. While the government plays a role in the 
collection of remote sensing data, the U.S. also maintains a 
policy to utilize commercial remote sensing capabilities to the 
greatest extent. The U.S. Land Remote Sensing Policy Act of 
1992 encouraged the development of a private industry by 
establishing a licensing process for privately operated land 
remote sensing systems. Later, the 2003 U.S. Commercial Remote 
Sensing Space Policy dictated that the government would rely on 
U.S. commercial remote sensing space capabilities to the 
maximum extent possible.
    More recently, in 2017, NASA established the Commercial 
SmallSat Data Acquisition Pilot Program to identify, evaluate, 
and acquire remote sensing data. NASA released a report, in 
2020, stating the program had been a success. That same year, 
the Department of Commerce updated the licensing regime for 
private remote sensing space systems. An effort aimed to ensure 
continued U.S. leadership in the commercial Earth remote 
sensing market considering increasing international competition 
in the sector. For example, a 2021 National Geospatial-
Intelligence Agency study on global commercial remote sensing 
capabilities found that the U.S. companies only lead in three 
of the nine categories assessed. This parallels China and its 
leadership in three categories.
    This bill builds off past government efforts to enable the 
development of the commercial Earth remote sensing industry. In 
doing so, it enhances the remote sensing data available to 
government, empowering stronger analysis which generates more 
impactful results. Simultaneously, it supports the U.S. 
commercial Earth remote sensing industry, strengthening its 
standing in the growing, competitive global commercial remote 
sensing market.

                          Legislative History

    H.R. 6219 was introduced on November 3, 2023, by 
Representative Kean (R-NJ) and is cosponsored by Representative 
Bonamici (D-OR).

                           Section-by-Section


Section 1. Short title

    The short title of this legislation is the ``Accessing 
Satellite Data to Enable New Discoveries Act'' or the ``ASCEND 
Act''.

Section 2. Commercial satellite data

    This section lists the findings of Congress. It also amends 
Chapter 603 of title 51, United States Code, establishing a 
program within NASA's Science Mission Directorate to acquire 
and disseminate cost-effective and appropriate commercial Earth 
remote sensing data and imagery to satisfy the Administration's 
requirements. Further, it establishes guidelines regarding the 
government's publication of commercial remote sensing data and 
imagery.
    The section also authorizes the NASA Administrator to 
procure commercial Earth remote sensing data and to allow other 
Federal agencies to use the procured data. Finally, it also 
directs an annual report that lists and describes the 
agreements that are providing commercial Earth remote sensing 
data and imagery to NASA.

                       Related Committee Hearings

    Pursuant to clause 3(c)(6) of rule XIII, the following 
hearing was used to develop or consider H.R. 6219.
    On July 12, 2023 the Committee on Science, Space, and 
Technology held a hearing titled Continuing U.S. Leadership in 
Commercial Space, At Home and Abroad. Members and witnesses 
discussed how the government could utilize commercial remote 
sensing data and ensure U.S. commercial leadership in the 
global remote sensing market.
    Witnesses:
           Ms. Karina Drees, President, Commercial 
        Spaceflight Federation
           Mr. Jim Dunstan, General Counsel, 
        TechFreedom
           Dr. Josef S. Koller, Systems Director, 
        Center for Space Policy and Strategy, The Aerospace 
        Corporation
           Ms. Caryn Schenewerk, President, CS 
        Consulting, LLC

                        Committee Consideration

    On March 20, 2024, the Committee on Science, Space, and 
Technology met to consider H.R. 6219.
    Rep. Sykes offered an amendment to ensure the widest data 
use consistent with program goals. The amendment was adopted by 
voice vote.
    Chairman Lucas moved that Committee favorably report the 
bill, as amended, to the House of Representatives with the 
recommendation that the bill be approved. The motion was agreed 
to by a vote of 37 yeas and 0 nays, a quorum being present.

                            Roll Call Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

              Application of Law to the Legislative Branch

    The Committee finds that H.R. 6219 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

     Statement of Oversight Findings and Recommendations of  
                         the Committee 

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    Pursuant to clause (3)(c)(4) of rule XIII, the goal of H.R. 
6219 is to enhance the remote sensing data available to 
government, empowering stronger analysis which generates more 
impactful results. Simultaneously, it supports the U.S. 
commercial Earth remote sensing industry, strengthening its 
standing in the growing, competitive global commercial remote 
sensing market.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, the Committee 
finds that no provision of H.R. 6219 establishes or 
reauthorizes a program of the Federal Government known to be 
duplicative of another Federal program, including any program 
that was included in a report to Congress pursuant to section 
21 of Public Law 111-139 or identified in the most recent 
Catalog of Federal Domestic Assistance.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of section 5(b) of the Federal Advisory 
Committee Act.

                       Unfunded Mandate Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. At the time this report was filed, the estimate was not 
yet available.

                         Earmark Identification

    Pursuant to clauses 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 6219 does not include any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

      New Budget Authority, Entitlement Authority, and Tax 
                         Expenditures 

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 6219 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                     TITLE 51, UNITED STATES CODE

           *       *       *       *       *       *       *

                   SUBTITLE VI--EARTH OBSERVATIONS

           *       *       *       *       *       *       *

                     CHAPTER 603--REMOTE SENSING

Sec.
60301. Definitions.
           *       *       *       *       *       *       *
60307. Commercial Satellite Data Acquisition Program.

           *       *       *       *       *       *       *


Sec. 60307. Commercial Satellite Data Acquisition Program

  (a) In General.--The Administrator shall establish within the 
Earth Science Division of the Science Mission Directorate a 
program to acquire and disseminate cost-effective and 
appropriate commercial Earth remote sensing data and imagery in 
order to satisfy the scientific, operational, and educational 
requirements of the Administration, and where appropriate, of 
other Federal agencies and scientific researchers to augment or 
complement the suite of Earth observations acquired by the 
Administration, other United States Government agencies, and 
international partners.
  (b) Data Publication and Transparency.--The terms and 
conditions of commercial Earth remote sensing data and imagery 
acquisitions under the program described in subsection (a) 
shall not prevent--
          (1) the publication of commercial data or imagery for 
        scientific purposes; or
          (2) the publication of information that is derived 
        from, incorporates, or enhances the original commercial 
        data or imagery of a vendor.
  (c) Authorization.--In carrying out the program under this 
section, the Administrator may--
          (1) procure commercial Earth remote sensing data and 
        imagery from commercial vendors to advance scientific 
        research and applications in accordance with subsection 
        (a); and
          (2) establish or modify end-use license terms and 
        conditions to allow for the widest-possible use of 
        procured commercial Earth remote sensing data and 
        imagery by individuals other than NASA-funded users, 
        consistent with the goals of the program.
  (d) United States Vendors.--Commercial Earth remote sensing 
data and imagery referred to in subsections (a) and (c) shall, 
to the maximum extent practicable, be procured from United 
States vendors.
  (e) Report.--Not later than 180 days after the date of the 
enactment of this section and annually thereafter, the 
Administrator shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Science, Space, and Technology of the House of Representatives 
a report that includes the following information regarding the 
agreements, vendors, license terms, and uses of commercial 
Earth remote sensing data and imagery under this section:
          (1)(A) In the case of the initial report, a list of 
        all agreements that are providing commercial Earth 
        remote sensing data and imagery to NASA as of the date 
        of the report.
          (B) For each subsequent report, a list of all 
        agreements that have provided commercial Earth remote 
        sensing data and imagery to NASA during the reporting 
        period.
          (2) A description of the end-use license terms and 
        conditions for each such vendor.
          (3) A description of the manner in which each such 
        agreement is advancing scientific research and 
        applications, including priorities recommended by the 
        National Academies of Sciences, Engineering, and 
        Medicine decadal surveys.
          (4) Information specifying whether the Administrator 
        has entered into an agreement with a commercial vendor 
        or a Federal agency that permits the use of data and 
        imagery by Federal Government employees, contractors, 
        or non-Federal users.

           *       *       *       *       *       *       *


                                  [all]